Are You Observing Constitutional Rights in Disciplinary Hearings?

Boards of directors of community associations (and, unfortunately, even the attorneys advising them) will sometimes mistakenly believe that co-owners are not entitled to certain Constitutional rights of due process with respect to disciplinary hearings. They might warn a co-owner not to bring their attorney to a hearing or not allow an owner to cross-examine witnesses, believing these measures will minimize conflict. They also may believe that since a hearing does not take place in a court of law, there is nothing wrong with restricting how co-owners can defend themselves in a hearing, so long as the process does not violate the governing documents. However, boards that operate in this way are in for a rude awakening that they have been trampling on rights of due process guaranteed by the 5th and 14th amendments to the U.S. Constitution. The phrase is similar in both, essentially:    Read the article…………..


Related Articles

Community Upkeep, Maintenance and Avoiding Problems and Emergencies

First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid

How Community Associations Can Collect on Judgments by Levying Bank Accounts

Once association counsel obtains a personal Judgment against a unit owner for failure to pay maintenance fees, late fees, attorneys’

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part III

This blog post is part III in a series of posts discussing why community associations cannot afford to ignore lender